Angelo HAM, a/k/a Angelo Bernard Ham, Petitioner - Appellant, v. Warden WILLIAMS, Respondent - Appellee.
Decided: January 24, 2020
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Angelo B. Ham, Appellant Pro Se. Melody Jane Brown, Senior Assistant Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.
Angelo B. Ham seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2018) petition. The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2018). The magistrate judge recommended that relief be denied and advised Ham that failure to file timely, specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation.
The timely filing of specific objections to a magistrate judge's recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Martin v. Duffy, 858 F.3d 239, 245 (4th Cir. 2017); Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 154-55, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). Although Ham received proper notice and filed timely objections to the magistrate judge's recommendation, he has waived appellate review of the dispositive issue, because the objections were not specific to the magistrate judge's recommendation that Ham's § 2254 petition be dismissed as untimely. See Duffy, 858 F.3d at 245 (holding that, “to preserve for appeal an issue in a magistrate judge's report, a party must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection”) (internal quotation marks omitted). Accordingly, we deny a certificate of appealability and dismiss the appeal.
We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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